2022 Petition Initiatives: Part Five of a Series

By Gordon HopkinsTwo of the petitions for constitutional amendments currently circulating for the 2022 election propose “Stand Your Ground” constitutional amendments.Currently, 38 states, 30 by statutes, have some sort of Stand Your Ground law, which provides that people may use deadly force when they reasonably believe it to be necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes. The specifics vary by state. Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Nebraska is currently not one of those states.The first petition is the Nebraska Immunity from Prosecution for the Use of Justifiable Force Amendment, which would grant immunity from criminal prosecution and civil liability to a person who uses or threatens to use justifiable force. The immunity would not apply to persons who use or threaten force against law enforcement officers.The second is the Nebraska “Stand Your Ground” Rights Initiative, which would amend the Nebraska Constitution to establish that no individual has a duty to retreat but may use any force reasonably necessary, including deadly force, to protect life or property.Co-sponsors of both of these petitions are Robert Rhodes of Elkhorn and Michael Connely, one of six Republican candidates vying to replace Pete Ricketts as governor. Ricketts has served two terms as governor of Nebraska and cannot seek re-election due to term limits.Connely recently wrote online, “Whenever I hear a politician say he will protect our 2nd Amendment rights in Nebraska, I have this overwhelming urge to just give him one of those French style glove slaps.”If approved by the voters, these initiatives would become effective January of 2023.In addition, there is also a legislative bill, LB300, currently being considered that addresses this issue. According to the Statement of Intent, “LB 300 clarifies the Castle Doctrine in the State of Nebraska by giving a rebuttable presumption that an actor’s use of force is in self-defense if a person had forcibly and unlawfully entered the actor’s dwelling, place of work, or motor vehicle.”This bill was introduced by Nebraska Senator Julie Slama.The National Rifle Association Institute for Legislative Action (NRA-ILA) wrote earlier this year on the organization’s website, “The reasonable person standard applied to your defense of self or others in current law supports your ability to use those criteria as an Affirmative Defense. The difference is that currently, you have to prove you acted in a reasonable manner. The bill strengthens the fundamental ‘innocent until proven guilty’ by shifting the burden of proof to the state having to prove you did not act in a reasonable manner.”Castle DoctrineA person may have a duty to retreat from an attacker to avoid violence if one can reasonably do so. This is known as the Castle Doctrine and applies to situations where retreating would avoid the confrontation. Nebraska law provides an exception to the duty to retreat if a person is in his or her own dwelling or place of work, unless he or she was the initial aggressor or the attacker works in the same place.The National Rifle Association (NRA) has supported Stand Your Ground legislation throughout the country, such as a bill proposed in Arkansas last year.“Laws should favor victims — not criminals, as they do now. When crimes occur, victims have little time to decide the best course of action for survival. They should not be required to run away or face prosecution for defending themselves,” said NRA Arkansas State Director Matt Herriman in December of 2020. “This measure is common sense. Anyone who opposes it puts the interests of the criminal above the interests of the victim.”OpponentsFJN reached out to Nebraskans Against Gun Violence for a statement, “Stand Your Ground policy is immoral and racist. Killing someone else is an action that cannot be undone. It is a serious matter that impacts families for generations. If one can navigate a situation without killing another person, they must do that. It is the ethical, moral, and just action to take. Many studies have found that not only do Stand Your Ground laws increase homicides in a state, but it has a disproportionate impact on black men and their families in both higher death rates and lower protection under the law.”In 2015, the National Task Force on Stand Your Ground Laws, convened by the American Bar Associations, issued a report that said, “For states that desire to combat violent crime, it is recommended that legislatures do not enact Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have not decreased theft, burglary, or assault crimes.”Among the findings of the report:“Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.”“An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.”“Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.”

Gary Niemeier

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